Mains Marathon

Approach

• Introduce the concerns of the safety of women at workplace and issue of safety.
• Discuss the legal and institutional framework to prevent the issue and Reasons behind ineffectiveness of existing legal measures.
• Conclude suitably.

Answer

Safety of women at the workplace is important both socially and economically. Harassment of women is not just an affront to justice and human dignity. It also does economic harm to women and to the country. Workplace harassment, like other forms of violence, involves serious health, human, economic and social costs. It affects the overall development indices of a nation.

Issues of safety of women at the workplace in India

• According to a report by Human Rights Watch, many women, especially in the informal sector, face stigma, fear of retribution, and institutional barriers to justice when they report sexual harassment.
• Apart from sexual harassment, women also face other challenges and barriers to work in India, such as unequal pay, lack of social security, lack of childcare facilities, lack of safe transportation, lack of skill development opportunities, and discrimination based on caste, religion, or marital status.
• As per a FICCI report, over the past three decades, the workplace has become a much more diverse environment. With women representing 24.4% of the total workforce in India, personal security has become central to their physical, intellectual, emotional, economic and spiritual well-being.
• Women in India face discrimination in all stages of their life: before birth (infanticide), as an infant (malnutrition, murder), as a child (education, domestic works, rape, child marriage), after marriage (dowry, economic dependence, security) and as a widow (outcaste, inheritance).
  • While the overall rate of conviction in the country was 46.2% in 2016, it was around 20% in cases of crimes against women as per the government data.

Government Initiatives: legal and institutional framework

• A safe workplace is a woman’s legal right. The doctrine of equality and personal liberty is contained in Articles 14, 15 and 21 of the Indian Constitution.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, built on the Vishaka Guidelines issued by the Supreme Court in 1997, is in place. The act was laid down to ensure that women in particular are protected against sexual harassment at all workplaces, be it in public or private.
• It is mandated by law that every company with more than 10 employees have: a policy against sexual harassment, a trained Internal Complaints Committee with one external member, and mandatory training of employees on what is sexual harassment and how to seek help within the organization.
• The National Commission for Women is the statutory body to review the constitutional and legal safeguards for women and recommend remedial legislative measures. It receives many complaints and acts suo-moto in several cases to provide speedy justice.

Reasons behind ineffectiveness of existing legal measures to prevent and redress sexual harassment at workplace are:

• Lack of awareness: Many women workers, especially in the informal sector, are not aware of their rights and the legal remedies available to them under the Act. They may also lack the knowledge and skills to file a complaint or access the ICC or LCC. Similarly, many employers are not aware of their obligations and responsibilities under the Act. According to a FICCI-EY report, 36% of Indian companies and 25% among MNCs are not compliant with the Act.
• Inadequate resources: The implementation of the Act requires adequate human, financial, and infrastructural resources. However, many ICCs or LCCs may not have sufficient members, funds, or facilities to conduct inquiries or provide relief to the complainants.
• Patriarchal mindset: The prevailing social and cultural norms in India often create a hostile environment for women workers who face sexual harassment at workplace. They may be subjected to blame, shame, stigma, or pressure from their families, colleagues, or employers to remain silent or withdraw their complaints.
• Time-consuming Process: The redressal process can be lengthy, leading to delayed justice for the victims. The Act mandates completion of the inquiry within 90 days; however, in practice, investigations may often take longer, leading to frustration and potential loss of faith in the process.

Therefore, while the Act provides a legal framework for prevention and redressal of sexual harassment at workplace in India, there is a need for more awareness, sensitization, capacity-building, and accountability among all stakeholders to ensure its effective implementation and enforcement.